Legal Question in Bankruptcy in Florida

we just got a letter for motion for default. i am not contesting foreclosure. when do i need to ask for a little time to get my family out of the house? I have 2 children and dont want this to be bad in front of my children. my wife and i claimed chapter 11 before this occured.


Asked on 8/08/11, 11:03 am

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

If you have just received a letter from the holder of your mortgage which is a notice of default, you are in the preliminary phase of foreclosure. I assume you are referring to a "notice" rather than a "motion." If you have already been served a complaint for foreclosure, the foreclosure will still require several months after receipt. Therefore, the remaining time depends on the stage of foreclosure and what actions you take. Requesting a delay will not likely help you unless you have a persuasive reason for the delay, such as renegotiation of the mortgage. Under Florida foreclosure law, the process will take several months unless you agree to walk away immediately. You can consult with an attorney experienced in foreclosure to handle your situation.

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Answered on 8/08/11, 7:28 pm


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